§ 20-9-603 — Implied consent - Definition

In addition to any other instances in which consent is excused or implied at law, consent to surgical or medical treatment or procedures suggested, recommended, prescribed, or directed by a licensed physician will be implied in the following circumstances: (1) (A) When an emergency exists and there is no one immediately available who is authorized, empowered to, or capable of consent. (B) "Emergency" means a situation in which, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain a consent would reasonably be expected to jeopardize the life, health, or safety of the person affected or would reasonably be expected to result in disfigurement or impaired faculties; and (2) When any emergency exists, there has been a protest or refusal of consent by a person authorized and empowered to do so, and there is no other person immediately available who is authorized, empowered, or capable of consenting but there has been a subsequent material and morbid change in the condition of the affected person.

Legislative History

Acts 1973, No. 328, § 2; 1977, No. 805, § 1; A.S.A. 1947, § 82-364.